Trial Courts Should Not Pass Decree/ Orders Merely On Memo Filed By Counsels Conceding Substantive Rights Of Parties: Madras High Court

The Madras High Court recently observed that trial courts should refrain from acting solely on memo filed by the counsel of the party conceding the substantive right of the party viz-a-viz the subject matter of the suit, or right of defence, for passing any non-adjudicatory decree or appealable orders.Justice N Seshasayee observed that though there is not a complete ban on considering the...

US Citizen Accused U/S 498-A IPC: Telangana High Court Keeps LOC In Abeyance For 6 Months, Permits Him To Return To Pursue Employment

The Telangana High Court recently permitted the petitioner, accused under Section 498-A IPC, to travel abroad to pursue his employment subject to executing a personal bond for a sum of Rs. 1 lakh before the trial Court and offering bank guarantee for the said amount before the departure. "It is made clear that if the petitioner fails to return to India within the stipulated time,...

Motor Vehicle Accidents | Can't Establish Contributory Negligence Solely Relying On Scene Mahazar: Kerala High Court

In an interesting development, the Kerala High Court has ruled that in accident cases where two vehicles are involved, contributory negligence cannot be found against the driver of the other vehicle involved in the accident solely relying on the recitals in the scene mahazar, ignoring the police charge which attributes negligence only against one driver.Justice A. Badharudeen thereby set...

Elephant Dies Of Electrocution: Karnataka High Court Upholds Conviction Of Two Who Set Up "Electric Fence" Around Agricultural Land

Almost 14 years after an Elephant died due to electrocution, the Karnataka High Court has upheld the conviction handed down to two persons who put up electric fencing around their agricultural land which led to the elephant's death. A single judge bench of Justice Mohammad Nawaz upheld the conviction handed down to the accused Srinivasa and Basavaraju under Sections 138(1)(a) of...

S.41A Notice By Police Under CrPC Is Mandatory For Offences Punishable Upto 7 Yrs Of Imprisonment: Telangana High Court

Recently, Justice Juvvadi Sridevi of Telangana High Court directed the police to comply with the requirement of issue of Section 41-A notice under Criminal Procedure Code as the punishment prescribed for the offences alleged was up to seven years. Section 41A is the notice of appearance before police officer in all the cases where the arrest of a person is not required. Brief...

Delhi High Court Reserves Order On ED's Plea Against Counsel's Presence During Satyendar Jain's Interrogation In Money Laundering Case

The Delhi High Court on Friday reserved orders on the plea filed by Enforcement Directorate, challenging trial court's order permitting Health Minister Satyendar Jain's counsel to remain present during his interrogation in connection with a money laundering case.The condition was imposed by the trial Court while remanding Jain to the agency's custody till June 9.A single bench comprising...

Religious Conversion Not Prohibited Unless Forced, Every Person Has Right To Choose Religion: Delhi High Court

The Delhi High Court on Friday made significant remarks with respect to people's right under Article 25 of the Constitution to choose and profess a religion of their choice and the right to freely convert their religion."(Religious) conversion is not prohibited in law. Every person has a right to choose and profess any religion of his/her choice. It is a Constitutional right. If someone is...

Not Compulsory To Forward Claims For Victim Compensation To Administration Through 'Legal Services Authority': Orissa High Court

The Orissa High Court has held that it is not mandatory for a victim to forward his/her claims for compensation to the appropriate authority through the Legal Services Authorities (LSA). Further, it clarified that the LSAs are there only to provide assistance to claimants for making representations to the administration. A Single Judge Bench of Justice Arindam Sinha...

Gujarat High Court Monthly Digest: May 2022 [Citations 144-192]

NOMINAL INDEX Swaminathan Kunchu Acharya vs State Of Gujarat 2022 LiveLaw (Guj) 144 Messrs Aztec Fluids And Machinery Pvt. Ltd. Versus UOI 2022 LiveLaw (Guj) 145 Azaz S/O Ahmed Ibrahim Ishabhai vs Commissioner Of Police 2022 LiveLaw (Guj) 146 State Of Gujarat v. Arjanbhai Titabhai Baraiya 2022 LiveLaw (Guj) 147 Oriental Insurance Co. Ltd. Versus Chief Commissioner Of...

"Court Flooded With Such Certificates" Allahabad HC Orders Probe Into Marriage Certificates Issued By 'Pradhan' Of Arya Samaj

The Allahabad High Court on Monday ordered an inquiry into the certificates issued by a 'Pradhan' of Arya Samaj temple. The Court issued this order while hearing a criminal writ petition filed by one Kapil Kumar who argued that he had solemnized marriage with the girl and therefore, lodgement of FIR against him was bad in law.However, the Court expressed doubt over the petitioner's claim...

NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet.It further observed that an application under Section 36A(4) of the NDPS Act seeking extension of period for investigation must be supported by a...

Senior Civil Judges Have No Probate Jurisdiction; Only District Judges Can Probate Wills : Karnataka High Court Clarifies

The Karnataka High Court recently clarified that the notification issued by the High Court in the year 1979, has limited scope and invests the power in Senior Civil Judges only for issuance of Succession Certificates under Part-X of the Indian Succession Act and not for Probate. A division bench of Justice P.S. Dinesh Kumar and Justice M.G. Uma issued the clarification on a reference...